Law Flashcards

1
Q

What is a contract? (1)

A

Where the parties have made an agreement and each side has something to put into the agreement.

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2
Q

How can someone break a contract? (1)

A

If one party of the contract has not kept their side of the bargain, then the other party can bring a claim against them.

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3
Q

What is an injunction? (1)

A

An order to the defendant to do or stop doing something.

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4
Q

What are damages? (1)

A

A sum of money to compensate the person.

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5
Q

What happens if there is a breach of a tort? (2)

A

-if there is a breach then the person affected can make a claim under the law of tort.

-if successful the court can award damages.

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6
Q

When does a tort occur? (1)

A

Even though there is no contract between them, one person owes a legal responsibility of some kind to another person and there has been a breach of that responsibility.

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7
Q

What is an example of the tort of defamation? (1)

A

A man complains that a newspaper has written an untrue article about him, which has affected his reputation.

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8
Q

What is an example of the tort of nuisance? (1)

A

A family complains that their health is being affected by the noise and dust a factory which has been built near their house.

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9
Q

What is an example of the tort of negligence? (1)

A

A child passenger in a car is injured in a collision.

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10
Q

What are the different types of civil law? (6)

A

-law of tort
-contract law
-human rights
-family law
-employment law
-company law

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11
Q

What is civil law? (1)

A

Is private disputes between individuals and/or businesses.

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12
Q

What is criminal law? (1)

A

A person who commits a crime is said to have offended against the state, and so the state has the right to prosecute them.

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13
Q

Why are rules generally obeyed? (3)

A

-because they carry with them a sense of moral obligation.

-because the rule is reasonable and relevant.

-because a penalty may be imposed if the rule is broken.

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14
Q

Define ‘rule’ (1)

A

A general norm, mandating or guiding conduct or a way in which we behave.

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15
Q

What does ‘norms of behaviour’ mean? (1)

A

The behaviour that the particular society has over a long time period accepted as the ‘correct’ or ‘normal’ behaviour.

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16
Q

What are the norms of law? (4)

A

-can change instantly
-must be obeyed
-are enforced by courts
-are obligatory and apply to everyone

17
Q

What are the norms of behaviour? (4)

A

-develop over time
-ought to be obeyed
-are enforced by disapproval of the community
-are voluntary and apply only to those who accept them